A recent Court of Appeal for Ontario decision has affirmed a Divisional Court’s decision in favour of the Plaintiff setting aside a LAT’s decision that the Plaintiff had not met the threshold test for “catastrophic impairment”. A new hearing has been ordered. The Court of Appeal states: While it made no finding of any actual […]
Read more "Adjudicative Independence"A defamation application takes a toll on people. These actions are not easy. There is a very recent decision that provides great information about anti-SLAPP applications, which is a dismissal application brought by a Defendant who has been named in a defamation action on the basis that the case lacks merit. The interesting point about […]
Read more "Defamation and anti-SLAPP Applications"It is always helpful to review decisions in other jurisdictions for insight as often times we see a parallel in the law. In this article, we look at an Ontario Superior Court decision referenced as St. Marthe v. O’Connor, 2019 ONSC 1585 (CanLII) in which the Plaintiff successfully proved that the injury he sustained in […]
Read more "Permanent Serious Impairment – ONSC"This article will focus on the Foreign Money Claims Act [RSBC 1996] Chapter 155 and it will largely quote from the case law. Surprisingly, in over 25 years working in the legal profession, I have never had to reference the Foreign Money Claims Act “FMCA”. The FMCA applies when conversion of foreign currency becomes relevant. […]
Read more "Foreign Money Claims Act"Fast track litigation in BC was introduced by the Supreme Court Civil Rules in July of 2010. It combined former rules, Rules 66 and 68. The benefit of Rue 15-1 is to have matters expedited in the Court system for a cost far less than a typical trial. Rule 15-1 applies to matters that may […]
Read more "Fast Track Litigation"This article will go over an application in the ONSC to determine the Plaintiff’s assessment of costs post jury trial. The case is referenced as Brophy v. Harrison, 2019 ONSC 4377 (CanLII). The Defendant in this case played “hard ball” by refusing to make any offers during the litigation process, and in this case it […]
Read more "Defendant’s “hard-ball” strategy backfires"As a brief summary to this case, this decision is an excellent case to review. It relates to both past and future loss of housekeeping capacity. What is important is to pay attention to how the Court analyzed every segment of the claim based on the Plaintiff’s limitations, which improved over time, although not fully. […]
Read more "$80,000 for loss of housekeeping capacity"Let’s review a recent decision in which liability is in issue. As we know, the Court will rely on witness statements to assist with their finding of facts, which will in turn, assist with the determination of fault. In this article, we are going to pay attention to the Court’s comments in relation to the […]
Read more "Witnesses at Trial – Preparation"Under the legislation in B.C., the definition of “serious impairment” should be known by everyone who works in personal injury law. Here is the definition as noted in the Insurance (Vehicle) Act [R.S.B.C. 1996] Chapter 231, Part 7 – Minor Injuries: “serious impairment”, in relation to a claimant, means a physical or mental impairment that […]
Read more "Accommodations in the Workplace"This application to assess the Plaintiff’s Bill of Costs was not properly handled and it resulted in a message from the Court to the profession in how to proceed on these types of applications going forward. If you read enough published cases, you start to see what is expected in any matter before the Court, […]
Read more "Court’s message to the profession – assessment of costs"